Advocate Jan 2014

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108 VOL. 72 PART 1 JANUARY <strong>2014</strong> THE ADVOCATE Alternate Forms of Appearance These provisions allow alternate forms of appearance for varying bail, for remand and for arraignment. The Court expects counsel will use the forms whenever possible for matters that come before a JCM. This practice will support the objective of promoting processes that use court resources effectively. Form 4 (CPD-1) Consent Arraignment will only be available for use in Victoria until further notice from the Court: see “Transition for Matters Proceeding on December 1, 2013 and After” (paragraph 55) in this direction. Form PCR 317 will be used as Form 2 (CPD-1) Application to Vary Bail by Consent until further notice from the Court. 29. A form of appearance, other than an in-person appearance, may be requested by submitting the relevant form, Form 2 (CPD-1) Application to Vary Bail by Consent, Form 3 (CPD-1) Consent Remand or Form 4 (CPD-1) Consent Arraignment, to a JCM in the JCM Office in one of the following ways: a. attending at the office in person; b. by email; or c. if available in the location, by facsimile. 30. If the JCM is not satisfied that a form submitted by counsel is complete or meets the requirements of the appearance, counsel will be required to attend in Court or resubmit the form in a manner satisfactory to the JCM. Application to Vary Bail by Consent 31. Form 2 (CPD-1) Application to Vary Bail by Consent may be used when Crown and Defence Counsel agree to a bail variation pursuant to section 503(2.2) or section 515.1 Criminal Code of Canada. Consent Remand 32. Form 3 (CPD-1) Consent Remand may be used by Defence Counsel, under instructions from her/his client, seeking an adjournment of a bail hearing or by Crown, with the agreement of Defence Counsel, seeking a remand under section 516 Criminal Code of Canada. 33. Form 3 (CPD-1) Consent Remand will, generally, be used the day the accused is scheduled to appear before the Court in-custody. Where counsel wish to change a non-trial appearance of an in-custody accused prior to the scheduled appearance date, counsel may use Form 1 (CPD- 1) Consent Requisition in place of Form 3(CPD-1) Consent Remand. Consent Arraignment 34. Form 4 (CPD-1) Consent Arraignment may be used when Crown and Defence Counsel:
THE ADVOCATE VOL. 72 PART 1 JANUARY <strong>2014</strong> 109 a. have discussed the matter; b. are in agreement that the matter is ready to be set for trial, preliminary inquiry, sentencing or other hearing; and c. agree that an in-court arraignment or appearance is not required. 35. Form 4 (CPD-1) Consent Arraignment must be submitted to the JCM no later than 12:00 noon of the business day prior to the scheduled appearance. 36. Form 4 (CPD-1) Consent Arraignment may not be used for YCJA matters. Court’s Expectations of Counsel A goal of this direction is to use judicial resources efficiently through a reduction in the number of administrative tasks brought before the Court. Counsel is expected to communicate effectively with one another for the effective management of their files. Counsel is expected to notify the JCM promptly when it becomes apparent that an appearance will be adjourned or scheduled Court time is no longer required. 37. It is the responsibility of counsel contacting a JCM for any of the reasons referred to in this direction to ensure that the communication comes to the attention of the JCM responsible for scheduling the matter, in a timely manner. 38. When counsel becomes aware that an adjournment of a coming appearance is required, counsel is expected to contact the JCM as soon as possible to request a new appearance date. (See “Changing Non-Trial Appearance Date in this direction) 39. Counsel is expected to contact the JCM as soon as possible before the trial or hearing date in the event of an adjournment application (contested or uncontested) of a scheduled trial or hearing date. Counsel may contact the JCM in the JCM Office in one of the following ways: a. attending at the office in person; b. by email; c. if available in the location, by facsimile; or d. by telephone. 40. Counsel should follow-up, in writing, with opposing counsel to confirm all requests made to a JCM relating to dates, adjournments, disclosure, reports or other matters relevant to the conduct of the file. Timeframes An objective of these directions is to leave the responsibility for file management with counsel. The Court expects counsel to begin communication with one
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THE ADVOCATE “Of interest to the
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Because not everyone is this lucky.
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Advocate Jan 2014

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